General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Warranty (Liability for Defects)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms") of Bucaddi Int. GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented in the Seller's online shop. This includes an objection to the inclusion of the Customer's own terms and conditions, unless otherwise agreed.

1.2 These Terms shall apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these Terms is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email or via an online contact form.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal-offered payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been submitted. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller's online shop prior to submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer may identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer may correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific choice of language is displayed in the online shop.

2.8 Order processing and contact typically take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties). Such costs relating to money transfers may also arise if delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing takes place via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal for which it advances payment to the Customer (e.g., purchase on account or installment payment), it assigns its payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible even in the event of assignment of claims for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may make use of additional payment services to process payments, for which special payment terms may apply, of which the Customer will be separately informed if applicable. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may make use of additional payment services to process payments, for which special payment terms may apply, of which the Customer will be separately informed if applicable. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service "Google Pay" is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. Google may make use of additional payment services to process payments, for which special payment terms may apply, of which the Customer will be separately informed if applicable. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery shall take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipment if the Customer effectively exercises their right of withdrawal. In the case of an effective exercise of the right of withdrawal by the Customer, the regulation set out in the Seller's withdrawal instructions shall apply with regard to return shipping costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally does not pass until the goods are handed over to the Customer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the other person or institution designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific hedging transaction with the supplier with the requisite care. The Seller shall make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already provided will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

5.6 Vouchers will be made available to the Customer as follows:

- by email

6) Retention of Title

If the Seller renders performance in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Warranty (Liability for Defects)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• defect claims are excluded for used goods;
• the limitation period does not begin anew if a replacement delivery is made as part of the warranty.

7.2 The liability limitations and shortened time limits set out above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• to goods that have been used in a building in accordance with their customary use and have caused the building's defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not do so, this shall have no effect on their statutory or contractual warranty claims.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses, as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in cases of intent or gross negligence,
• for the negligent or intentional injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise provided in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, the Seller is obligated not only to deliver the goods but also to process them according to specific Customer requirements, the Customer must provide the Seller with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, and image and file sizes specified by the Seller, and must grant the Seller the necessary usage rights. The Customer is solely responsible for the procurement of and acquisition of rights to this content. The Customer represents and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights, in particular copyright, trademark, and personality rights, are infringed as a result.

9.2 The Customer shall indemnify the Seller against third-party claims that may be asserted against the Seller in connection with an infringement of their rights through the Seller's contractual use of the Customer's content. In doing so, the Customer shall also bear the necessary legal defense costs, including all court and attorney's fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information required to examine the claims and mount a defense.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates legal or regulatory prohibitions or public morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or glorifying violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Promotional Vouchers may only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

10.4 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.5 Only one Promotional Voucher can be redeemed per order.

10.6 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must correspond to at least the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.8 The credit balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

10.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher as part of their statutory right of withdrawal.

10.10 The Promotional Voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the non-entitlement, lack of legal capacity, or lack of authority to represent the respective holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

11.2 Gift Vouchers and remaining credit from Gift Vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the Customer until the expiration date.

11.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

11.5 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.6 The credit balance of a Gift Voucher will neither be paid out in cash nor bear interest.

11.7 The Gift Voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the non-entitlement, lack of legal capacity, or lack of authority to represent the respective holder.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is in any case entitled to bring proceedings before the court at the Customer's place of business.

14) Code of Conduct

- The Seller has submitted to the participation conditions of the eCommerce initiative "Fairness im Handel" ("Fairness in Trade"), which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

15) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.